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Section 10 of 1979 PA 218, MCL 400.710, the Adult Foster Care Facility Licensing Act,
authorizes the Department of Licensing and Regulatory Affairs to promulgate the rules.
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).
By authority conferred on the department of licensing and regulatory affairs by section 9 of the
Executive organization act of 1965, 1965 PA 380, MCL 16.109, and sections 10 and 18 of the
adult foster care facility licensing act, 1979 PA 218, MCL 400.710 and MCL 400.718, and
Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and 2015-1, MCL
330.3101, 445.2001, 445.2011, 445.2025, 445.2030, and 400.227.
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please
explain.
Section 10 of 1979 PA 218, MCL 400.710, the Adult Foster Care Facility Licensing Act, mandates
the Department of Licensing and Regulatory Affairs to promulgate the rules.
9. Please describe the extent to which the rules conflict with or duplicate similar rules,
compliance requirements, or other standards adopted at the state, regional, or federal level.
The proposed rules will replace six rule sets. The new rules will not conflict or duplicate similar
rules, compliance requirements, or other standards adopted at the state, regional, or federal level.
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?
The subject matter is not currently contained in any guidance, handbook, manual, instruction
bulletin, form with instructions, or operational memorandum.
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed
for the current year?
Yes, promulgation of the new rule set and rescission of the six existing rule sets are included in the
LARA Annual Regulatory Plan.
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?
Full Process
13. Please describe the extent to which the rules exceed similar regulations, compliance
requirements, or other standards adopted at the state, regional, or federal level.
This new rule set will not exceed similar regulations, compliance requirements, or other standards
adopted at the state, regional, or federal level.
14. Do the rules incorporate the recommendations received from the public regarding any
complaints or comments regarding the rules? If yes, please explain.
Promulgation of a new rule set for licensing adult foster care facilities is proposed because the
current, multiple rule sets need to be updated and harmonized to improve their effectiveness and
efficiency. The project involves internal and external stakeholders that include bureau leadership,
subject matter experts, Michigan LeadingAge, Michigan Center for Assisted Living (MCAL), and
Michigan Assisted Living Association (MALA) and other stakeholders.
15. If amending an existing rule set, please provide the date of the last evaluation of the rules
and the degree, if any, to which technology, economic conditions, or other factors have changed
the regulatory activity covered by the rules since the last evaluation.
Six rule sets, encompassing 206 rules, will be rescinded. Most of these rules have been evaluated
periodically; some of them have recently been revised, but a few have not been revised since
1979. Technology, economic conditions, or other factors have not changed the regulatory activity
covered by the rules since the last evaluation.
MCL 24.239